M'Ewen v. Welles

Connecticut Superior Court

M'Ewen v. Welles

1 Root 202

CourtConnecticut Superior Court

DecidedAugust 15, 1790

StatusPublished

Cited by3 cases

This text of 1 Root 202 (M'Ewen v. Welles) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

M'Ewen v. Welles, 1 Root 202 (Colo. Ct. App. 1790).

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Opinion

By the Court,

In this state, a mortgage given to secure a debt by bond, note or other specialty, is a real security given'in aid of the personal security, which the mortgagee had before. And the mortgagee may pursue either, or both, until he obtains satisfaction. If he recovers his debt, the mortgage is released. If ho choose to take the land and to make it his own absolutely, whereby the mortgagor is totally divested of his equity of redemption, the debt is thereby paid and discharged: And if it eventually proves insufficient to raise the sum due, it is the mortgagee’s own fault, and at his resk.

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By the Court,

In this state, a mortgage given to secure a debt by bond, note or other specialty, is a real security given'in aid of the personal security, which the mortgagee had before. And the mortgagee may pursue either, or both, until he obtains satisfaction. If he recovers his debt, the mortgage is released. If ho choose to take the land and to make it his own absolutely, whereby the mortgagor is totally divested of his equity of redemption, the debt is thereby paid and discharged: And if it eventually proves insufficient to raise the sum due, it is the mortgagee’s own fault, and at his resk.

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Bluebook (online)

1 Root 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mewen-v-welles-connsuperct-1790.

Opinion

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